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Terminos y condiciones de Servicio Tecnico a Computadoras y
Asistencia Remota
1- By accepting service from Tech an Design llc
or tadnyc.com you are acknowledging that you
have read and understand these terms and
conditions and agree to all these terms below.
YOU AGREE TO THESE REPAIR TERMS AND ALL
APPLICABLE SERVICE AND DIAGNOTIC FEES.
2-
You have requested service from Tech and Design
llc or tadnyc.com, hereafter referred to as
“TAD”. TAD will diagnose and service your
computer for an applicable fee as described in
Paragraph 3 below.
3- Services Fee. TAD
will attempt to determine and repair your
computer via Remote Support for an applicable
fee. Sometimes a successful repair is not
possible due to problems with your computer or
its configuration. In these situations we may be
unable to complete the necessary services or
resolve the problem to complete the repair of
your computer and/or digital technology. In
these cases TAD is not liable for incomplete
repairs and applicable services fees will remain
due to TAD.
4- Payment. Once service is
complete, payment in full for the actual costs
incurred and the final sum owed, is due upon
completion. Should it be determined in the
course of the performance of diagnostics that
the problems on your computer are hardware
based, TAD will notify you of same and you may
take or send the hardware to a repair station of
your choice or to TAD, for service on the
hardware; diagnostic fees still apply as
explained in Paragraph 3. No adequate estimate
of that expense can be determined without
actually testing the hardware.
5-Transfer or Installation Services. Unless
otherwise agreed, TAD is not liable for and you
agree to hold TAD harmless from any and all
damages, costs, and expenses incurred as the
result of any defect or damage to any software
or data residing or recorded in your computer,
whether incurred during the course of TAD 's
services or otherwise. If service involves
transferring information or installing software,
you represent that you have the legal right to
copy the information, to use the software and
agree to the terms of the software license, and
you authorize TAD to transfer the information
and accept such terms on your behalf in
performing the service.
6-Warranty. In
servicing your computer, TAD warrants that
service will be performed in a professional and
timely manner. All services with the exception
of virus removal, spyware, adware or mailware
are warranted for a period of 30 days at the
discretion of TAD.
7-THIS WARRANTY AND
REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY AND ALL SERVICES PERFORMED FOR
YOU BY TAD. TAD SPECIFICALLY DISCLAIMS ANY AND
ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH
ITEMS, INCLUDING,WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WHETHER EXPRESS OR IMPLIED. IF TAD
CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES
UNDER THIS LIMITED WARRANTY, ALL SUCH
WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED IN DURATION TO THE DURATION
OF THE EXPRESS LIMITED WARRANTY ONLY.
8-Limitation of Liability. IF ANY DAMAGE SHOULD
OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING
SERVICED, TAD HAS NO LIABILITY FOR THE COST OF
REPAIR OF THE AFFECTED COMPUTER. TAD'S ENTIRE
LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY
CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF
YOUR COMPUTER, WHETHER DUE TO TAD'S ERROR OR
NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO
THE AMOUNTS THAT YOU PAY TAD FOR SUCH SERVICE.
TAD HAS NO LIABILITY WHATSOEVER FOR INDIRECT,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST
PROFITS OR REVENUE, OR ANY OTHER DAMAGES
WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED
UNDER THIS AGREEMENT. TAD EXPRESSLY HAS NO
LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR
SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE.
YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND
CONDITIONS IS TO SEEK RECOVERY OF DAMAGES
AGAINST CGO IN AN AMOUNT NOT TO EXCEED WHAT YOU
PAID CGO FOR THE SERVICE.
9-Data
Protection. You agree and understand that it is
your (the customer's) responsibility to maintain
copies of ALL data on your computer, and to
obtain such copies prior to authorizing TAD to
commence its services for you.
10-This
agreement shall be construed under the laws of
the State of New York. In the event any dispute
arises under this agreement or in any manner
concerning the subject matter thereof, the
parties agree that any such dispute shall be
subject to binding arbitration only, and the
parties expressly waive any and all rights they
may have to otherwise proceed with such dispute
resolution in a court of law.
11-Any and
all binding arbitration proceedings shall be
undertaken as "fast track" proceedings and shall
only be commenced in Queens County, NEW YORK.
Each party shall bear its own costs and expenses
of such proceedings, including any and all
resulting attorney fees; provided, however, that
the prevailing party in such proceedings may
have the right to recover attorney fees against
the opposing party if such fees are otherwise
recoverable in disputes of that type under the
laws of the State of NEW YORK. This paragraph is
intended to be and shall be construed as a forum
selection clause, and the parties agree to bound
hereto.
By checking the box you
(customer) agree that you have made a backup
copy of all data on your computer and that this
is your responsibility. Tadnyc.com( tech and
design llc) staff, partners or affiliates are
not responsible for lost, missing, unrecoverable
or damaged data.
(customer) agree that I
am of legal age and agree and accept service
from tadnyc.com. By clicking the “I Agree”
button below I will accept service from
tadnyc.com and acknowledging that I have read
and understand these terms and conditions and
agree to all these terms. I AGREE TO THESE
REPAIR TERMS AND ALL APPLICABLE SERVICE AND
DIAGNOTIC FEES.
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